Deceased child's grandfather seeks new laws for babysitting

Julius Kahlil Lewis Carter smiles in this submitted photo. Julius was 2 years old when he suffered head injuries at a babysitter’s home on April 12, 2011. Those injuries ultimately were fatal. He died a couple of weeks later, according to Daily News archives.

Submitted photo

By KATIE HANSEN Daily News staff

Published: Thursday, September 5, 2013 at 03:18 PM.

More than two years have passed since a toddler died of fatal head injuries while at his babysitter’s home, but his grandfather still seeks closure.

And for retired Marine Maj. Donald Carter, that means petitioning local lawmakers in an attempt to create statewide legislation that might prevent similar tragedies in the future.

Carter’s grandson, Julius Kahlil Lewis Carter, was 2 years old when he suffered fatal head injuries while at a babysitter’s home on
April 12, 2011
. He died a couple of weeks later, according to Daily News archives.

The babysitter, Alice Nevitt, 57, of
Clayton James Road
in
Jacksonville
, pleaded guilty on Aug. 21 to two counts of contributing to the delinquency of a minor. She initially was charged March 15 by the Jacksonville Police Department.

According to warrants, police said Nevitt allowed Carter to be in a bedroom “with other children including an 11-year-old child, without adult supervision whereby the child did suffer multiple head injuries.”

Nevitt also is accused of causing, encouraging and aiding Carter to be “limp, unresponsive, vomiting and visible swelling about his head,” and police said she failed “to seek and provide necessary medical care,” according to warrants.

Nevitt was sentenced to two 45-day prison terms at the
Onslow
County
Detention
Center
, but that sentence was suspended and Nevitt was put on 18 months of supervised probation, given 72 hours of community service and a $250 community service fee, according to court documents.

More than two years have passed since a toddler died of fatal head injuries while at his babysitter’s home, but his grandfather still seeks closure.

And for retired Marine Maj. Donald Carter, that means petitioning local lawmakers in an attempt to create statewide legislation that might prevent similar tragedies in the future.

Carter’s grandson, Julius Kahlil Lewis Carter, was 2 years old when he suffered fatal head injuries while at a babysitter’s home on April 12, 2011. He died a couple of weeks later, according to Daily News archives.

The babysitter, Alice Nevitt, 57, of Clayton James Road in Jacksonville, pleaded guilty on Aug. 21 to two counts of contributing to the delinquency of a minor. She initially was charged March 15 by the Jacksonville Police Department.

According to warrants, police said Nevitt allowed Carter to be in a bedroom “with other children including an 11-year-old child, without adult supervision whereby the child did suffer multiple head injuries.”

Nevitt also is accused of causing, encouraging and aiding Carter to be “limp, unresponsive, vomiting and visible swelling about his head,” and police said she failed “to seek and provide necessary medical care,” according to warrants.

Nevitt was sentenced to two 45-day prison terms at the OnslowCountyDetentionCenter, but that sentence was suspended and Nevitt was put on 18 months of supervised probation, given 72 hours of community service and a $250 community service fee, according to court documents.

She was also ordered not to have custody, care or control of any child under 12 years old as a condition of her probation.

Carter said now that the case is over, he wants to expand child abuse legislation or introduce a bill into the General Assembly which would mandate a caretaker who is in a verbal or written contract with a parent to take careof a minor to seek medical care for that child if he or she is in need.

Carter said he recognizes the job could be tricky because defining a need for medical care could range from scraping a knee to passing out and needing to go to the hospital.

However, Carter said he cannot sit by and not try to make a change. He said his heart is heavy with the hurt he feels every day for the loss of his grandson, and he said people need to understand the responsibilities of looking after someone's child.

Carter told The Daily News that his daughter returned to the babysitter’s house on April 12, 2011, to find Nevitt downstairs and Julius upstairs lying on a blanket on the floor in a bedroom. According to Carter, his head was swollen and he had blood crusted in his nose and ears.

The child was taken to OnslowMemorialHospital before being airlifted to VidantMedicalCenter in Greenville. He never regained consciousness, and the family took him off life support two weeks later according to Daily News archives.

His death certificate listed his cause of death as a “closed head injury due to non-accidental injury” and was labeled as a homicide, according to Daily News archives. The certificate read he was “hit by other(s) with a blunt object, dropped and or thrown against hard surface,” according to archives.

Carter said he has not seen the police report on the incident and does not know whether the investigation is ongoing or not. JPD officials told the Daily News Thursday that once the warrant was served for Nevitt, the case was closed by arrest, adding that in any closed case, if new evidence arises, a case can be reopened.

Officials also said Thursday that Carter “has been informed of the merits of the case on a number of occasions to include meetings with the investigators and district attorney.”

The investigation took thousands of man hours and officials with the police department said evidence sent to state labs can sometimes take 18 months to two years for processing. Charges were determined by the DA's office based on information from the JPD investigation, officials said.

“The loss of a child is a terrible tragedy,” said Chief Mike Yaniero, director of Jacksonville Public Safety Thursday.

Carter started his campaign for change by writing an email to Sen. Harry Brown, R-Onslow Wednesday about his hopes for a modification in legislation and for Brown’s support. He also requested a meeting with Brown to discuss the issues, adding that if the attempt is unsuccessful then he will start a petition or organize a press conference highlighting the issue.

“I can’t bring my grandson back, but I can help to do something,” Carter said.

Carter said the babysitter indicated she knew his grandson was injured.

“There are statements that say, ‘Yes I knew the child was injured,’” he said.

Carter said laws now do not hold caretakers accountable for not seeking medical care when children are in need, which he said is “just appalling” and needs to change.

Carter said adults have a duty to protect children who will one day be the leaders of the state, county and world. If not, he said “we’ve failed.

“For me to let this go does not sit well,” he concluded. “If I can prevent this from happening to anyone else’s loved one, then that will bring me comfort. As small as it may be, knowing that my grandson and his unfortunate situation has made something good happen in this world. It needs to be addressed.”